Storry v Business Licensing Authority (No 2)

The case of Storry v Business Licensing Authority (No 2) involved the applicant seeking the mutual recognition of a real estate licence under the Mutual Recognition Act 1992 (Cth). The application was made after the applicant's real estate licence had been cancelled due to their bankruptcy. The matter was heard in the Federal Court of Australia. The primary legal issue before the Court was whether the Court should proceed with the appeal when the real estate licence had been cancelled and the applicant's bankruptcy had been resolved, effectively rendering the issues in the appeal moot.

The Court considered whether proceeding with the appeal would be futile, given that there were no longer any live issues between the parties. The Court noted that there would be no foreseeable consequence or benefit for the parties in determining the issues in the appeal. The Court held that it had the power under s 23 of the Federal Court of Australia Act 1976 (Cth) not to proceed with proceedings that involve issues no longer live as between the parties. The Court concluded that proceeding with the appeal would be futile and dismissed the appeal.

The orders of the Court were that the appeal be dismissed and that the parties file and serve submissions in relation to costs of no more than five pages in length by 27 February 2023. Entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.